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vendredi 2 juin 2017

The Public Contract Administration Conflict Resolution Process

By Joseph Howard


Usually, government in CA engage outsources supplies through contractual relationships with suppliers in the public sector, private areas, organizations or individuals. They do so in an attempt to deliver high-quality standards of services to their citizens as mandated by the law of the land. Tenders are awarded through the bidding process where potential suppliers tend to compete for limited open available tenders. Thus, disagreements often arise primarily between the shortlisted candidates and those whose applications were rejected. This discussion follows some of the basic public contract administration in dispute resolution steps.

Identification of the cause of disputes. Here the governments try to understand in details what exactly is causing the dispute. Dispute causes may arise from simple misunderstandings to issues to deal with the perception of fairness in entire administration process. A dispute is only solvable where the cause is clear in the first place. Only when the heart of a problem has been reached can actual results be realized.

Establish a common ground for the conflicting parties. Conflict often divides people, especially where one party feels that another was accorded preferential treatment at the expense of the other. This brings about communication challenges between involved individuals. So as to solve the situation, involved individuals must be brought together, communicate and come up with the best way forward to deal with the situation at hand appropriately.

Choosing the correct method of conflict resolution. Different methods have been tested and proven to work in solving contract related conflicts. They include negotiation, arbitration, mediation and litigation methods. Every method is unique and deals with a different degree of conflict effectively. Selection of the best method is based on the type of conflict and the attitudes and behavior of involved parties towards each other and the conflict.

Developing a pool of likely resolutions that could be acceptable by both parties. To reach a mutual consent level with all involved disagreeing parties, they must be given a chance to point out their views on what expect to be done regarding the situation. This will facilitate the development of solutions that are likely to interest all the groups when their concerns are looked into.

Selection and implementation of dispute resolution strategy from developed solution in the pool of potential remedies. This where the person tasked with managing the dispute aims at eliminating the conflict by doing away with or suppressing the disagreement causes. The choice of the strategies to be implemented comes from debating individual desires, attitudes, and their feedback.

An Assessment of overall effectiveness of particular adopted remedies in mitigating the conflict. During this stage, the purpose is to ensure that implemented measures are successful in preventing further conflict between the individuals. Where the measures are found to be insufficient, alternative ones may be incorporated to facilitate in resolving it.

Finally, the periodical monitoring of a situation must be conducted now and then. Monitoring assures that all parties involved perform their duties to the best of their knowledge to ensure that the disputes will no emerge again. Through monitoring faults in dispute resolution measures adopted can easily be noted and corrective measures implemented.




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